5. Until the Assembly is elected at a time to be determined by the Summit and first meets, the functions of the Assembly in respect of the approval of the budget of the Community, consideration of annual reports on the activities of the Community and annual audit reports of the Audit Commission, shall be performed by the Council. 6. Until the adoption of Protocols referred to in Article 151(1), the Council may make regulations, issue directives, take decisions, make recommendations and give opinions in accordance with the provisions of this Treaty. 7. Pending the conclusion of a Protocol under paragraph 1 of Article 75 of this Treaty, the Partner States agree to maintain the rules of origin currently applicable for the purpose of the preferential treatment of goods traded among them and originating in the Partner States. ARTICLE 140 (A) Transition 1. Any judgment or order made by the Court since the entry into force of the Treaty shall be deemed to have been made by the First Instance Division of the Court. 2. A Judge serving in the East African Court of Justice existing immediately before the entry into force of this Article shall continue as a Judge of the First Instance Division for the purposes of the Treaty and is eligible for appointment to the Appellate Division. ARTICLE 141 Transfer of Assets and Liabilities 1. On the appointed day there shall be transferred to and vested in the Community by virtue of this Article and without further assurance, all the assets and liabilities of the Secretariat of the Tripartite Commission and from that day, the Community shall, in respect of the assets and liabilities so transferred and vested in it, have all the rights, and be subject to all the liabilities, which the Secretariat of the Tripartite Commission had, or is subject to, immediately before that day. 2. Every contract made by or on behalf of the Secretariat of the Tripartite Commission in writing and whether or not of such a nature that rights and liabilities thereunder can be assigned by the Secretariat of the Tripartite 111

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